Legal Opinion

Lehigh Structural S. Co. v. Commissioner of Int. Rev.

Court of Appeals for the Third Circuit

Decided March 27, 1942No. 7852PublishedCited by 19 opinions

1Opinion of the Court

MARIS, Circuit Judge.

Lehigh Structural Steel Company, the petitioner, is a Delaware corporation, having its principal office in Pennsylvania. In 1920 the petitioner’s certificate of incorporation was amended to authorize the issuance of 5,000 shares of preferred stock bearing an 8% dividend rate. The amended certificate of incorporation and the share certificates contained the following provision:

“A sinking fund for the retirement by purchase of the preferred stock shall be created out of the net profits that shall remain after deducting therefrom any accrued dividends on the preferred stock,…

2Cases cited11 opinions

  1. Helvering v. Northwest Steel Rolling Mills, Inc.Supreme Court of the United States · 1940
  2. Warren v. KingSupreme Court of the United States · 1883
  3. Gaskill v. Gladys Belle Oil Co.Court of Chancery of Delaware · 1929
  4. Geiger v. American Seeding MacHine Co.Ohio Supreme Court · 1931
  5. Smith v. Universal Service Motors Co.Court of Chancery of Delaware · 1929

6 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Budd International Corp. v. Commissioner of Int. Rev.Court of Appeals for the Third Circuit · 1944
  2. Warren Tel. Co. v. CommissionerCourt of Appeals for the Sixth Circuit · 1942
  3. Eljer Co. v. CommissionerCourt of Appeals for the Third Circuit · 1943
  4. Hercules Gasoline Co. v. CommissionerSupreme Court of the United States · 1946
  5. Monarch Theatres, Inc. v. HelveringCourt of Appeals for the Second Circuit · 1943

14 more not listed; retrieve them via the Exa API.

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